THE NORTHWESTERN REPORTER, VOLUME 27, CONTAINING ALL THE DECISIONS OF THE SUPREME COURTS OF MINNESOTA, WISCONSIN, IOWA, MICHIGAN, NE- MARCH 20-MAY 8, 1886. WITH TABLES OF NORTHWESTERN CASES PUBLISHED IN VOL. 65, IOWA REPORTS; ROBERTSON HOWARD, EDITOR. ST. PAUL: WEST PUBLISHING COMPANY. 1886. CHANCERY RULE 112. The general powers conferred by said act are hereby restricted in the following particulars: (1) No such circuit court commissioner shall be empowered to vacate any order or decree of the circuit court, or any order made by a circuit judge. (2) Nor shall he grant any injunction to stay proceedings at law, unless reasonable notice of the time and place of hearing the application therefor shall have been previously given to the adverse party. (3) Nor shall he grant any injunction without such notice in any case, unless the judge of the circuit court in which the application is made shall be absent from the county at the time of such application, or is disqualified from granting an injunction in the cause; nor unless, in the opinion of such commissioner, the peculiar exigencies of the case require it for manifest reasons, to be shown by affidavit of the facts and circumstances. (4) Nor shall he grant any injunction restraining the execution or performance of any public improvement, nor to compel a defendant to refrain from doing any act where the injunction will necessarily produce great and irreparable injury to the defendant if the claim of the complainant is not sustained; nor shall he grant any injunction in any case where no special provision is made by law as to security, except where the injunction prayed for is against a judgment debtor who is made defendant in a creditors' bill, unless the officer granting the same shall take from the complainant or his agent a bond to the party enjoined, in such sum as shall be deemed sufficient, and in not less than $500, with sufficient surety or sureties to be approved of by the officer allowing the injunction, conditioned to pay the party enjoined such damages as he may sustain by reason of the injunction if the court shall eventually decide that the complainant was not equitably entitled to such injunction; such damages to be ascertained by a reference to a circuit court commissioner, or by the court having jurisdiction of the cause in which the injunction issued, as such court shall direct. Such officer allowing the injunction shall, before the register shall issue the writ, file such bond with such register in chancery, who shall carefully preserve the same for the benefit of the obligee therein named. (Ordered to take effect June 1, 1886.) As amended April 7, 1886. COURT RULE-NEBRASKA. 27. All motions made or submitted to the court shall be in writing; and notice thereof, except motions for rehearing, shall be served on the adverse party or his attorney of record at least one day before the hearing. Such notice shall conform to the provisions of section 574 of the Code, be served by a sheriff, constable, or any disinterested person, who shall be entitled to fees allowed by law for service of a summons. The return of any such officer or affidavit of any such person shall be proof of service. Adopted July Term, 1885. (iii)* |